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    Sunday, 15 February 2015

    Case Law Benazir Butto vs Federation of Pakistan

    During General Zial-ulHaq’s regime, amendments were made in various laws and different orders and ordinances were passed. Benazir Bhutto challenged some of these amendments and orders through two cases. Among these case first is remembered as Benazir Bhutto vs Federation of Pakistan PLD 1988 SC 416 and other is remembered as Benazir Bhutto vs Federation of Pakistan PLD 1988 SC 66.

    Bench of Supreme Court
    • Chief Justice: Sajjad Ali Shah
    • Justice: Saleem Akhtar
    • Justice: Fazal Ilahi Khan
    • Justice: Zia Mahmood Mirza
    • Justice: Irshad Hasan Khan
    • Justice: Raja Afrasiab Khan
    • Justice: Munawar Ahmad Mirza

    Facts of Cases 

    Following are the Facts of the case

    1. Facts of Case of Benazir Bhutto vs Federation of Pakistan PLD 1988 SC 416
    Following are the points are important to explain it.

    1.1 Political Parties Act, 1962
    General Zia-ul-Haq’s government made different amendments in Political Parties Act, 1962. Through this case, it was alleged that these amendments were in violation of those fundamental rights, which constitution of Pakistan has provided in form of freedom of association and equality of citizens.

    1.2 Freedom of Association Order, 1978
    Different powers were granted under Freedom of Association Order, 1978. Through this case, these granted powers were alleged as unconstitutional.

    1.3 Article 270-A of Constitution of Pakistan
    Article 270-A of constitution of Pakistan affirmed different laws, order and ordinances, which General Zia-ul-Haq passed after imposition of martial law. Through this case, it was alleged that Article 270-A curtailed rights of citizens especially right to form some political party or to be member of some political party. Even it was also alleged that Article 270-A was in contradiction of Article 2-A of constitution.

    Facts of Case of Benazir Bhutto vs Federation of Pakistan PLD 1988 SC 66
    Section 21(1)(b) of Representation of People Act provided provisions for allocation of prescribed symbols to each contesting candidate. Through this case, this section was challenged as unconstitutional.

    Conclusion
    To conclude, it can be stated that a comparison can be made between these two cases and case of Asma Jillani vs Federation of Pakistan judgments of all these three case were announced after end of military regimes of General Yahya Khan and General Zia-ul-Haq.
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